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Thread: *DISCONTINUED* !!! Lowell Portfolio 1 Ltd v Jojo13

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  1. #51
    charitynjw's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    http://www.legalbeagles.info/forums/...4&d=1477505324

    This attachment from another thread is for a SD agreement apparently dated 23/12/2009.
    APRs are significantly different in comparison to JoJo's agreement .

    Then there is this, posted by @Amethyst in September 2009 (blast from the past, Ame! :lol
    http://legalbeagles.info/forums/printthread.php?t=18906
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  2. #52
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    I have called Very back to confirm. They tell me the agreement was done online on 05.12.2009 and the item ordered 08.02.2010, dispatched 09.02.2010 and would likely been delivered within 2 days of dispatch. I need my defence in by 15th Nov and have no idea how to do this or what to write.

  3. #53
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    I need my defence in by 15th Nov and have no idea how to do this or what to write.
    That was filed back in June, I believe.
    Has 'Mediation' contacted you yet?
    Btw I guess the screen-print that was sent to you is Lowell's own creation, as there are entries dating from this year.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  4. #54
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    I have called Very back to confirm. They tell me the agreement was done online on 05.12.2009 and the item ordered 08.02.2010, dispatched 09.02.2010 and would likely been delivered within 2 days of dispatch. I need my defence in by 15th Nov and have no idea how to do this or what to write.

    What happened with the defence @Amethyst was helping you with back in June, why another defence now or is it a witness statement that's to be file by 15th Nov?
    What is the issue date on the claim form?
    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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  5. #55
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Thanks Charity, yes you are correct that my defence was done in June. Mediation did contact me but at the time I was still waiting for Lowell to send me the credit agreement and default notice and so I didn't have enough information to proceed with mediation. Would it be worth me calling them again or is that too late now. I believe I have to put my evidence in to the caught by the 15th November is that correct as it will be 14 days before I am due in court. Thank you again for all your help

  6. #56
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    Thanks Charity, yes you are correct that my defence was done in June. Mediation did contact me but at the time I was still waiting for Lowell to send me the credit agreement and default notice and so I didn't have enough information to proceed with mediation. Would it be worth me calling them again or is that too late now. I believe I have to put my evidence in to the caught by the 15th November is that correct as it will be 14 days before I am due in court. Thank you again for all your help
    Ahh that answers my last question it is your witness statement which I think will contain the statute barred defence.

    so just need to know the date the claim was issued.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  7. #57
    Diana M's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    In post # 18 there's a screenshot noting a Default Notice was served on you on 28th August 2011 which may impact on any SB Defence. I would expect Lowells to rely on that in their evidence in the absence of a copy of the DN. Was that information sent to you by B W Legal?

    Did you ask for a copy of the DN in your CPR 31.14 Request?

    You've not pleaded SB in your Defence as far as I can see. Strictly speaking you need to amend your Defence if you wish to plead new legal arguments. It'll be up to the DJ on the day whether or not you can introduce the SB argument if the other side objects to it.

    WS are exchanged simultaneously (at least they ought to be) so you will know what evidence Lowells will be presenting to the court when you get their WS next week. You'll then be in a better position to decide how to manage the hearing.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #58
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    I don't think the BMW Finance - v - Hart judgment should affect the SB status of this debt in any way it is a simple contract not HP car finance.
    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
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  9. #59
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by nemesis45 View Post
    I don't think the BMW Finance - v - Hart judgment should affect the SB status of this debt in any way it is a simple contract not HP car finance.
    In your post # 20 on this thread you said the debt wasn't statute barred due to the date of the default notice (and noted it was a catalogue account).


    Quote Originally Posted by nemesis45 View Post
    It would certainly help to know when the account was opened and when it was defaulted.

    . . . It's a Very Catalogue account. Default Notice Sent 22/08/11 so not Statute Barred.
    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #60
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    @Diana M

    JoJo has previously stated that no payments or acknowledgement has ever been made (personally that is), & cannot remember ever taking out this agreement.
    Would a DN have any legal standing if incorrectly sent?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  11. #61
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    I think I would go along with @Celestines thought on the statute barred matter, in that BMW - v- Hart cannot affect the statute or be used thwart a claim that a debt is statute barred.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  12. #62
    Diana M's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by charitynjw View Post
    @Diana M

    JoJo has previously stated that no payments or acknowledgement has ever been made (personally that is), & cannot remember ever taking out this agreement.
    Would a DN have any legal standing if incorrectly sent?
    The answer to that question depends on what evidence the Claimant provides to the court.

    So far the only 'evidence' that the OP even had an account with Very comes from a phone call which she made to Very (not the Claimant) who says she applied for an account online, ordered an item which they say "would likely been delivered within 2 days of dispatch". Says who? Nothing has been provided to back that up.

    If the OP has no recollection of opening the account then that must be in the WS. Maybe this was a case of identity theft?

    From what I can tell Lowells haven't provided anything to substantiate that the OP opened the account or that they were lawfully assigned the account from the original creditor.

    I said that I expected Lowells would rely on the log entry that a DN was served to convince the DJ that on the balance of probabilities it was served.

    I didn't say that they would win

    The best way to prepare for court is to anticipate what the other side is likely to argue and 'disprove' it before they do.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #63
    charitynjw's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Diana M View Post

    The best way to prepare for court is to anticipate what the other side is likely to argue and 'disprove' it before they do.

    Di
    Good afternoon, Di

    I knew you were going to say that!

    :bolt:
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  14. #64
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Jojo has said that was suffering sever post natal depression at the time the account/order was made.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  15. #65
    Diana M's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by nemesis45 View Post
    Jojo has said that was suffering sever post natal depression at the time the account/order was made.
    I read that too and I believe her (I've had PND and it can be very debilitating )

    But would you agree that it may be better to make a confident and positive assertion that she has no recollection whatsoever of opening/using the account in her WS in preference to saying that she was suffering from depression so her head was in a fog (so forgot what she may have done)?

    There's no hard evidence on the table to confirm that she (or anyone else for that matter) ordered a pram or had it delivered (possibly from a third party manufacturer/distributor?) in 2010. In fact that story hasn't come from the Claimant or their solicitors. It came from a call by the Defendant to the original creditor. Do Lowells know what Very know (be it true or false information)?

    The Claimant has to prove their case. So far they haven't.

    They may come up with account statements showing transactions (debits/credits since that screenshot refers to £5 per month payments) as exhibits to their WS.

    They may not.

    Like you, I want the OP to win this

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  16. #66
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Thanks all.

    The claim was issued 17.05.16.

    I requested the credit agreement from Lowell on 30.05.16 and also the CA and DN from BW Legal the same day. I have not received anything back from Lowell and I was sent the 2 documents that were uploaded for me by BW Legal on 20.09.16.

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    Thanks all.

    The claim was issued 17.05.16.

    I requested the credit agreement from Lowell on 30.05.16 and also the CA and DN from BW Legal the same day. I have not received anything back from Lowell and I was sent the 2 documents that were uploaded for me by BW Legal on 20.09.16.
    If these were sent in response to the CPR request, being a pedant I would argue that Lowells are still non-compliant with the CCA request.

    Also, I would challenge the authenticity/veracity/clear english of that Lowell screenprint.
    Clearly the information on Lowell's computer file can be easily altered, & there's no proof that it was accurate in the first place, as Di has mentioned.
    It also contains a lot of 'jargon'. How is JoJo Public () meant to dicipher it?

    @Diana M @nemesis45 ..........??
    Last edited by charitynjw; 12th November 2016 at 07:42:AM.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  18. #68
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by charitynjw View Post
    If these were sent in response to the CPR request, being a pedant I would argue that Lowells are still non-compliant with the CCA request.

    Also, I would challenge the authenticity/veracity/clear english of that Lowell screenprint.
    Clearly the information on Lowell's computer file can be easily altered, & there's no proof that it was accurate in the first place, as Di has mentioned.
    It also contains a lot of 'jargon'. How is JoJo Public () meant to dicipher it?

    @Diana M @nemesis45 ..........??

    I agree @charitynjw,

    The debt is statute barred.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  19. #69
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Should I have stated that it was statute barred in my defence letter?

    charitynjw JoJo public 😂😂

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    I'm not sure what you mean by is the claim stayed?
    I don't remember using this catalogue and can't see that I've ever made any payment to them ever. The only catalogue I've made any payments to are for a settled account with La Redoute. Are they related?
    Btw
    La Redoute is a French mail order company founded by Joseph Pollet in 1837.
    A subsidiary of Redcats Group, (formerly LaRedoute Group), itself part of Kering Group (formerly Pinault-Printemps-Redoute or PPR) since 1994, LaRedoute was sold to its managers, Nathalie Balla and Eric Courteille, in June 2014.[1]

    https://en.wikipedia.org/wiki/La_Redoute


    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  21. #71
    Diana M's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    Should I have stated that it was statute barred in my defence letter? 
    You filed your Defence in June which basically said that you had no idea what the claim was for so asked them to prove it.

    Then in October the Claimant's solicitor sent you some paperwork. After studying those redacted documents you were told by the forum that the debt was Statute Barred. If that is the case then perhaps you should have filed an Amended Defence to raise that new legal argument which you hadn't pleaded in your original Defence (for obvious reasons).

    In order to amend a Defence you need permission from the court or consent from the Claimant.

    I'll leave it to others to suggest what your next legal steps should be (only because I'm not in a position to do that having not seen the papers). You say you have to file a WS by 15th November.

    When B W Legal sent that evidence in October what did the covering letter say (word for word)?

    Have you been sent a copy of the Notice of Assignment referred to in the POC? I note the date of the assignment in the POC is 9th September 2011, but that screenshot states the debt was sold on 10th September 2011. Why the discrepancy?

    The Claimant has to prove that they have the lawful right to claim this debt and that you were served with the correct statutory notice(s) too.

    Have they disclosed the DN?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  22. #72
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    The covering letter from BW legal said 'Dear madam, we write in reference to the above matter and enclose the following;
    credit agreement and
    default notice
    should you have any queries please contact our offices.
    That was all that it said.
    Other than the two documents Kati uploaded for me they have not sent anything else.
    The first letter I can find is from BWLegal in April which is a letter of claim. I don't recall ever receiving anything direct from Lowell and have no paperwork from 2011 to check.

    I can't upload anything here as I don't know how to but can email you anything that would help you advise me Diana.

  23. #73
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    The covering letter from BW legal said 'Dear madam, we write in reference to the above matter and enclose the following;
    credit agreement and
    default notice
    I had a feeling that's what the letter would say.

    They're probably planning to submit that screenshot as evidence that a DN was served even though they haven't got a copy or recon of the actual DN letter to prove it complied with their statutory obligations.

    Perhaps they also saw the last transaction on the account may have been February 2010 so they're preparing to challenge any SB argument (with the DN reference). Maybe not.

    So no NOA yet either

    No need to upload (or email me) anything else unless some of the others ask to see things while planning how to manage your next move.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  24. #74
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    The covering letter from BW legal said 'Dear madam, we write in reference to the enclose the following;
    credit agreement and
    default notice
    above matter and
    should you have any queries please contact our offices.
    That was all that it said.
    Other than the two documents Kati uploaded for me they have not sent anything else.
    The first letter I can find is from BWLegal in April which is a letter of claim. I don't recall ever receiving anything direct from Lowell and have no paperwork from 2011 to check.

    I can't upload anything here as I don't know how to but can email you anything that would help you advise me Diana.
    As you requested in your CPR letter to them. (BW).

    So can you confirm that, to date, Lowells are still non-compliant re the CCA request?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  25. #75
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Yes that's correct, Lowell have not replied to my request

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